Harbin v. Burghart

Citations

• 76 Cal. 119
• 18 P. 127
• 1888 Cal. LEXIS 835

Syllabus

<p>School Land—Purchase of — False Statement in Application. —Under section 3495 of the Political Code, an application for the purchase of school land which falsely states-that there is no occupation of the land adverse to that of the applicant, is invalid, and confers no right of purchase on the applicant.</p> <p>Id.—Applicant must be Actual Settler__Under section 3495 of the Political Code, as it existed in January, 1884, an applicant for the purchase of school land, who was not an actual settler thereon, could acquire no right of purchase.</p> <p>Id. — Contents of Affidavit — Trial of Contest — Facts Alleged must be Proved. —An applicant for the purchase of land from the state must set out in his affidavit the facts required by the statute to be stated therein, and unless such facts are proved at the trial of a contest to determine the right of purchase, no right accrues to the party alleging the same.</p>